Attorneys At Law

Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Social Security Disability, Business Law, & Estate Law.

Attorneys At Law - Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Social Security Disability, Business Law, & Estate Law.

Mold Disclosure Illinois – Not Required for Realtors

Mold in illinois homes - is disclosure required?Did you know that mold disclosure forms are not required by Illinois law in real estate transactions?

Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold.

There is no state or federal requirement to do so.

Illinois mold disclosure

For many years, Illinois REALTORS® did offer their own mold disclosure forms despite the fact that there is no law.

During the past year though, Illinois REALTORS® have stopped offering the form on their website. According to Illinois REALTORS® Legal Hotline Attorney Betsy Urbance, the form was been dropped from their website after a legal review. 

“… Mold disclosure or notice introduces ambiguity into the transaction while also taking the focus off what are truly the important issues to the parties.”

Illinois REALTORS® does not support these forms any longer and requests you remove them from your individual forms folder and discontinue use of them. 

Three main reasons were given for the removal of mold disclosure forms:

  1. There are no state or federal statutory requirements that sellers provide mold disclosure forms.
  2. There is no set scientific standard for what constitutes acceptable or unacceptable levels of mold in a structure.
  3. There are existing disclosure rules which require homeowners to disclose underlying physical defects in a property.

 

Landlord Liability for Mold

Just as there are no current Illinois laws for disclosure of mold for sellers, there is currently no law covering a landlord’s responsibilities in regards to mold.

Illinois does not have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.

Even though there is no law for landlords regarding mold disclosure, if tenants believe their health has been damaged by mold present in their rental property, they can sue for damages in court.

If a judge or jury believes that a landlord has been negligent in regards to a mold issue or did not take action to address a known mold issue, they could be held liable for damages.

 

Residential Real Property Disclosure Act

In the case of mold, there is no legislation specific disclosure law.

There is, however, the Residential Real Property Disclosure Act, which requires a seller to disclose any known physical defects, including issues involving moisture, which would lead to issues with mold.

It can be argued that the presence of mold could constitute a known defect in the walls, foundation, etc. If a seller is aware of mold, the seller should disclose it.

If you are uncertain of your legal obligations, you should consult an attorney specializing in real estate law.

 

Lead Paint and Radon Disclosure

Disclosure of lead paint is required by federal law since 1992. Radon disclosure is required by the Illinois Radon Awareness Act.

Related: What You Need to Know About Radon Video

 


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The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling transactions, short sales, mortgage foreclosure defense and more.

For Information Call 630-858-0090


Image credit: Wikipedia Commons

What You Need to Know About Radon Video

What you need to know about Radon and your new home

Radon is a cancer-causing radioactive gas formed by the natural breakdown of uranium in the soil.

According to the Illinois Emergency Management Agency (IEMA), “It’s estimated more than 1,100 people in Illinois develop radon-related lung cancer each year.”

The IEMA and the American Lung Association in Illinois (ALAIL) have released a new video to help educate home buyers and real estate professionals on the dangers of radon and raise awareness about the issue in order to reduce radon exposure.

Watch the embedded three-minute video below to learn more about radon and how to prevent exposure.

Illinois Radon Awareness Act

The Illinois Radon Awareness Act became state law on Jan. 1, 2008. The act requires home sellers to provide anyone buying a residential property in Illinois with information about the dangers of radon exposure and that radon is the leading cause of lung cancer in non-smokers and the second leading cause overall.

“This video is a quick, simple way for real estate agents and home sellers to provide this important required information.” says IEMA Director James K. Joseph.

The law does not require that sellers or for buyers to test homes for radon before sale. It also does not require any radon remediation work for homes be completed if test results show potentially high levels of radon.

However, if a radon test has been conducted on the home, the Illinois Radon Awareness Act requires sellers to share the results of a radon test with potential buyers.

This new video from the IEMA continues to help spread information about radon to the public. In January, governor Bruce Rauner declared Radon Action Month to encourage Illinois residents to test their homes for radon.

For more information visit the IEMA Radon Information website.

For radon information by telephone you can call (800) 325-1245 (Information Line) or to speak to an IEMA Radon Program staff member call (217) 782-1325.


Additional resources:

Find an Illinois state licensed professional

Find a state approved testing lab or low-cost detector

IEMA press release about radon information video

IEMA press release about Radon Action Month